South Carolina General Assembly
109th Session, 1991-1992
Journal of the Senate

Thursday, March 21, 1991

(Statewide Session)

Indicates Matter StrickenIndicates New Matter

The Senate assembled at 10:45 A.M., the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear what the Psalmist says about God's laws (Psalm 19:7-8):

"God's laws are perfect.

They protect us,

Make us wise, and

Give us joy and light."
Let us pray.

Almighty God, we marvel at the manifestation of Your laws in the spiritual realm... and in the world of nature.

We cannot overcome... or veto... either the laws of nature, or the moral realm. We must cooperate! We must work together! Mother Nature is a great challenge... so are the Moral Absolutes.

Make us good stewards of nature's gifts. Help us to avoid polluting the air we breathe... and the water we drink.

In the spiritual realm, O Lord, teach us to obey Your laws. Help us to realize that we transgress or violate them at our peril. We cannot break the Ten Commandments, but we can break ourselves by trying to ignore them.

As we seek knowledge concerning so many issues, make us wise in the ways of God.

Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

MESSAGE FROM THE GOVERNOR

State Of South Carolina

Office Of The Governor

March 11, 1991
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.

Local Appointments

Reappointment, Member, Kershaw County Master-in-Equity, with term to expire July 1, 1995:

Mr. Rolly W. Jacobs, P.O. Box 664, Camden, S.C. 29020

Appointment, Member, Lee County Board of Voter Registration, At-Large, with term to expire March 15, 1992:

The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on H. 3261, R. 25 by a vote of 3 to 0:H. 3261 -- Reps. Koon and Wright: A BILL TO DECLARE PLEASURE ISLAND ROAD IN LEXINGTON COUNTY A PUBLIC RIGHT-OF-WAY.
Very respectfully,
Speaker of the House

VETO OVERRIDDEN

(R25) H. 3261 -- Reps. Koon and Wright: AN ACT TO DECLARE PLEASURE ISLAND ROAD IN LEXINGTON COUNTY A PUBLIC RIGHT-OF-WAY.

The veto of the Governor was taken up for immediate consideration.

Senator SHEALY moved that the veto of the Governor be overridden.

The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?

On motion of Senator WADDELL, Senator LEVENTIS was granted a leave of absence for today.

Leave Of Absence

On motion of Senator POPE, Senator HAYES was granted a leave of absence for today.

Leave Of Absence

On motion of Senator LEATHERMAN, Senator J. VERNE SMITH was granted a leave of absence for today.

Leave Of Absence

Senator POPE requested and was granted a leave of absence beginning at 4:00 P.M. today.

Leave Of Absence

On motion of Senator COURSON, Senator HELMLY was granted a leave of absence for today.

Leave Of Absence

On motion of Senator PATTERSON, Senator LOURIE was granted a leave of absence for today.

HOUSE CONCURRENCE

S. 775 -- Senator Saleeby: A CONCURRENT RESOLUTION TO WELCOME DR. JOHN MICHAEL PALMS BACK TO SOUTH CAROLINA AND TO THE UNIVERSITY OF SOUTH CAROLINA AND TO WISH HIM WELL AS HE LEADS THIS GREAT INSTITUTION TO CONTINUE ON ITS WELL-RESPECTED COURSE OF EXCELLENCE IN EDUCATION.

Returned with concurrence.

Received as information.

HOUSE AMENDMENTS AMENDED

RETURNED TO THE HOUSE

S. 654 -- Education Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-200 SO AS TO REQUIRE THE COMMISSION ON HIGHER EDUCATION TO DEVELOP GUIDELINES TO ENSURE THAT INSTRUCTORS AT INSTITUTIONS OF HIGHER EDUCATION ARE PROFICIENT IN ENGLISH, THAT GRIEVANCE PROCEDURES FOR STUDENTS WITH INSTRUCTORS WHO ARE NOT ABLE TO SPEAK ENGLISH ARE ESTABLISHED, AND THAT AN ANNUAL REPORT OF THE COMPLAINTS AND THEIR DISPOSITIONS IS MADE TO THE COMMISSION.

The House returned the Bill with amendments.

Senator STILWELL proposed the following amendment (EDU654.5 and EDU654.6), which was adopted:

Amend the bill, as and if amended, by striking on page 2, line 2 and 3 /seminars, and laboratories;/ and inserting /and seminars;/.

Amend the bill further, as and if amended, by inserting on page 2, line 10 /whose second language is English /after the word "faculty" .

Amend the bill further, as and if amended, by striking on page 2, lines 24 and 25 /complying with the provisions of this section./ and inserting /submitting plans and any amendment to the commission./.

Amend title to conform.

Senator SETZLER explained the amendment.

There being no further amendments, the Bill was ordered returned to the House of Representatives with amendments.

RECALLED FROM LEGISLATIVE COUNCIL

S. 597 -- Senator Bryan: A BILL TO AMEND SECTION 7-7-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO PROVIDE THAT THE PRECINCT LINES ARE THOSE AS SHOWN ON THE OFFICIAL MAP DATED JANUARY 31, 1991.

On motion of Senator BRYAN, with unanimous consent, the Bill was recalled from Legislative Council.

RECALLED FROM LEGISLATIVE COUNCIL

H. 3618 -- Reps. L. Elliott and Harwell: A BILL TO PROVIDE THAT THE BOARD OF COMMISSIONERS OF THE MARION COUNTY HOSPITAL DISTRICT SHALL CONSIST OF NINE MEMBERS, TO PROVIDE FOR THE APPOINTING PROCESS AND AUTHORITY, AND TO PROVIDE FOR STAGGERING INITIAL TERMS.

On motion of Senator McGILL, with unanimous consent, the Bill was recalled from Legislative Council.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 800 -- Senator Drummond: A CONCURRENT RESOLUTION COMMENDING AND THANKING DR. VICTOR G. BURRELL, JR., OF CHARLESTON COUNTY FOR HIS DEDICATED AND OUTSTANDING SERVICE AS DIRECTOR OF THE MARINE RESOURCES RESEARCH INSTITUTE OF THE DIVISION OF MARINE RESOURCES, SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES DEPARTMENT, AND EXTENDING HIM BEST WISHES FOR HAPPINESS UPON HIS RETIREMENT.

On immediate consideration, the Concurrent Resolution was adopted, ordered sent to the House.

S. 801 -- Senators Matthews, Land, Washington and Passaialigue: A SENATE RESOLUTION TO RECOGNIZE BILLIE S. FLEMING, A MEMBER OF THE SOUTH CAROLINA STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION, FOR HIS SERVICE AS CHAIRMAN OF THE COMMISSION'S MINORITY AFFAIRS COMMITTEE.

On immediate consideration, the Senate Resolution was adopted.

S. 802 -- Senator Stilwell: A BILL TO AMEND SECTIONS 40-59-15, 40-59-75, 40-59-77; 40-59-90, AS AMENDED; 40-59-95; 40-59-100, 40-59-110, 40-59-130, 40-59-140, AND 40-59-160, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESIDENTIAL HOME BUILDERS, SO AS TO INCREASE FROM TWO HUNDRED TO ONE THOUSAND DOLLARS THE AMOUNT OF THE UNDERTAKING WHICH SUBJECTS A CONTRACTOR TO THE PROVISIONS OF CHAPTER 59 OF TITLE 40; AND DELETE THE AUTHORITY OF THE RESIDENTIAL BUILDERS COMMISSION TO CERTIFY A RESIDENTIAL SPECIAL CONTRACTOR.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 803 -- Senators Shealy, Waddell and Martschink: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LOTTERIES, SO AS TO AUTHORIZE LOTTERIES CONDUCTED ONLY BY THE STATE AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.

Senator SHEALY spoke on the Joint Resolution.

Read the first time and referred to the Committee on Finance.

S. 804 -- Senator Land: A BILL TO AMEND SECTION 41-29-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYMENT SECURITY AND THE PERMITTED DISCLOSURE OF INFORMATION, SO AS TO REQUIRE THE STATE EMPLOYMENT OFFICE TO FURNISH UPON REQUEST OF THE STATE WORKERS' COMPENSATION FUND CERTAIN INFORMATION REGARDING ANY PERSON WHO WAS EMPLOYED DURING ANY PERIOD IN WHICH THE PERSON IS OR WAS RECEIVING TEMPORARY TOTAL BENEFIT PAYMENTS FROM THE STATE FUND.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 805 -- Senator J. Verne Smith: A BILL TO AMEND SECTION 40-3-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF ARCHITECTURAL EXAMINERS AND APPOINTMENT, TERM, AND VACANCIES, SO AS TO PROVIDE THAT THE MEMBER OF THE STATE BOARD OF ARCHITECTURAL EXAMINERS WHO IS A PROFESSOR OF ARCHITECTURE IN A UNIVERSITY OR COLLEGE CONTROLLED BY THE STATE MUST ALSO BE AN ARCHITECT REGISTERED IN THE STATE OF SOUTH CAROLINA; TO AMEND SECTION 40-3-60, AS AMENDED, RELATING TO QUALIFICATIONS AND EXAMINATION OF APPLICANTS FOR ADMISSION TO PRACTICE ARCHITECTURE AND THE ISSUANCE OF A CERTIFICATE OF REGISTRATION, SO AS TO PROVIDE THAT CONVICTION OF A CRIME OF MORAL TURPITUDE PREVENTS THE ISSUANCE OF A CERTIFICATE TO AN APPLICANT; TO AMEND SECTION 40-3-80, AS AMENDED, RELATING TO APPLICATION FEES AND EXAMINATION FEES UNDER THE ARCHITECTS LAW, SO AS TO DELETE SPECIFIC CEILINGS FOR THE AMOUNTS OF THESE FEES AND PROVIDE THAT THE FEES MUST BE AS DETERMINED BY THE BOARD; TO AMEND SECTION 40-3-90, AS AMENDED, RELATING TO THE ANNUAL RENEWAL FEE UNDER THE ARCHITECTS LAW, SO AS TO REFERENCE "ARCHITECTURAL BUSINESS CORPORATION" AND "ARCHITECTURAL PROFESSIONAL CORPORATION", DELETE THE CEILING FOR THE AMOUNT OF THE ANNUAL RENEWAL FEE AND PROVIDE THAT THE FEE MUST BE AS DETERMINED BY THE BOARD, AND INCREASE THE AMOUNT OF THE PENALTY; TO AMEND SECTION 40-3-100, AS AMENDED, RELATING TO THE PRACTICE OF ARCHITECTURE BY PARTNERSHIPS, CORPORATIONS, OR PROFESSIONAL ASSOCIATIONS AND CERTIFICATE OF AUTHORIZATION, SO AS TO REFERENCE "ARCHITECTURAL BUSINESS CORPORATIONS" AND "ARCHITECTURAL PROFESSIONAL CORPORATIONS", AND DELETE THE CEILING FOR THE AMOUNT OF THE ORIGINAL AUTHORIZATION FEE AND PROVIDE THAT THE FEE MUST BE AS DETERMINED BY THE BOARD; TO AMEND SECTION 40-3-110, AS AMENDED, RELATING TO THE REQUIRED ARCHITECTURAL SEAL, SO AS TO REFERENCE "ARCHITECTURAL BUSINESS CORPORATION" AND "ARCHITECTURAL PROFESSIONAL CORPORATION" AND PROVIDE FOR CHANGES IN THE PROVISIONS OF LAW SPECIFYING WHERE EACH SEAL MUST APPEAR; TO AMEND SECTION 40-3-120, AS AMENDED, RELATING TO SUSPENSION OR REVOCATION OF ARCHITECTURAL REGISTRATION CERTIFICATE, PROCEDURES, RESTRAINTS AND CIVIL PENALTIES, AND APPEAL, SO AS TO PROVIDE THAT NO ACTION MAY BE TAKEN BY THE BOARD UNTIL THE REGISTRANT HAS BEEN FURNISHED WITH A CERTAIN STATEMENT AND A NOTICE OF THE TIME AND PLACE OF THE HEARING REGARDING CHARGES, PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT, RATHER THAN "AT LEAST NINETY DAYS PRIOR TO THE DATE OF THE HEARING"; TO AMEND SECTION 40-3-125, RELATING TO REVOCATION OR SUSPENSION OF CERTIFICATE OF AUTHORIZATION UNDER THE ARCHITECTS LAW, SO AS TO REFERENCE "ARCHITECTURAL BUSINESS CORPORATION" AND "ARCHITECTURAL PROFESSIONAL CORPORATION"; TO AMEND THE 1976 CODE BY ADDING SECTION 40-3-135 SO AS TO PROVIDE THAT THE BOARD OF ARCHITECTURAL EXAMINERS OR ANY MEMBER OF THE BOARD MAY ISSUE SUBPOENAS FOR WITNESSES AND DOCUMENTS, AND PROVIDE THAT THE CIRCUIT COURT HAVING APPROPRIATE JURISDICTION SHALL ENFORCE ANY SUBPOENAS ISSUED PURSUANT TO THIS SECTION; TO AMEND SECTION 40-3-150, RELATING TO THE PENALTIES FOR VIOLATING THE ARCHITECTS LAW, SO AS TO INCREASE THE PRESCRIBED FINE; TO AMEND SECTION 40-3-160, RELATING TO ACTIVITIES AND PRACTICES WHICH ARE NOT PROHIBITED BY CHAPTER 3 OF TITLE 40, "ARCHITECTS", SO AS TO PROVIDE FURTHER WITH RESPECT TO THE PREPARATIONS OF PLANS AND SPECIFICATIONS FOR CERTAIN BUILDINGS TO WHICH THE CHAPTER DOES NOT APPLY IF THE DRAWINGS AND SPECIFICATIONS, ARE SIGNED BY THE AUTHORS WITH THE TRUE TITLE OF THEIR OCCUPATIONS; TO AMEND SECTION 40-3-170, RELATING TO SERVICE OF PROCESS UNDER THE ARCHITECTS LAW, SO AS TO REPLACE "EXECUTIVE SECRETARY" OF THE BOARD WITH "EXECUTIVE DIRECTOR" OF THE BOARD, WITH RESPECT TO CERTAIN DUTIES OR ACTIONS; AND TO AMEND SECTION 40-3-180, RELATING TO THE REQUIREMENT THAT THE PERSON ISSUING A BUILDING PERMIT MUST VERIFY THAT THE ARCHITECT WHO SEALED THE ARCHITECTURAL PLANS AND SPECIFICATIONS IS AN ARCHITECT REGISTERED IN SOUTH CAROLINA AND EXCEPTIONS, SO AS TO REQUIRE THAT THIS PERSON ALSO BE IN POSSESSION OF A SEALED SET OF ARCHITECTURAL PLANS AND SPECIFICATIONS, DELETE CERTAIN PROVISIONS, AND PROVIDE THAT THIS SECTION APPLIES TO ALL BUILDINGS OR STRUCTURES EXCEPT THOSE SPECIFICALLY EXCLUDED IN SECTION 40-3-160.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 3517 -- Reps. Sharpe, Smith, Keesley, Huff, Gentry and Rudnick: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO DESIGNATE AND NAME IN AIKEN COUNTY THAT PORTION OF SOUTH CAROLINA HIGHWAY 302 BETWEEN KITCHEN'S MILL AND THE LEXINGTON COUNTY LINE AS THE OTIS BAUGHMAN, SR., MEMORIAL HIGHWAY.
Whereas, the late Otis Baughman, Sr., of Wagener served with distinction as a state highway commissioner in 1946 and 1947 and in so doing contributed enormously to the development of Aiken County; and

Whereas, it is appropriate that this distinguished career in public service be commemorated by a memorial highway. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly request the South Carolina Highways and Public Transportation Commission to designate and name in Aiken County that portion of South Carolina Highway 302 between Kitchen's Mill and the Lexington County line as the Otis Baughman, Sr., Memorial Highway.

Be it further resolved that a copy of this resolution be forwarded to the Highways and Public Transportation Commission.

Referred to the Committee on Transportation.

H. 3526 -- Reps. T.C. Alexander and Phillips: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO STUDY THE FEASIBILITY AND COST OF REPLACING HIGHWAY SIGNS STATING "SLOWER TRAFFIC KEEP RIGHT" WITH SIGNS STATING "KEEP RIGHT EXCEPT TO PASS" AND TO REPORT ITS FINDINGS TO THE APPROPRIATE HOUSE AND SENATE COMMITTEES.

Whereas, reducing the highway speed limit has proven to be an effective and important means of reducing highway fatalities; and

Whereas, all possible measures should be taken to promote compliance with the speed limits; and

Whereas, certain highway signs in fact may promote speeding rather than compliance with speed limits; and

Whereas, it is reasonable to question whether highway signs stating "Slower Traffic Keep Right" are a proper statement to make to the public; and

Whereas, this sign may be addressing a seemingly legitimate concern for deterring passing on the right; it may also encourage drivers to exceed the speed limit; and

Whereas, a sign stating "Keep Right Except to Pass" would achieve the same purpose of proper passing and at the same time would not be an indirect approval of speeding; and

Whereas, the State owes a duty to the public to eliminate any impediment to highway safety. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly request the South Carolina Department of Highways and Public Transportation to study the feasibility and expense of replacing highway signs stating "Slower Traffic Keep Right" with signs stating "Keep Right Except to Pass" and report its findings to the House Education and Public Works Committee and the Senate Transportation Committee.

Referred to the Committee on Transportation.

H. 3544 -- Rep. Wright: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO ENACT LEGISLATION GRANTING JURISDICTION TO THE FEDERAL COURTS IN CASES WHERE AN AMERICAN CITIZEN IS CHARGED WITH THE MURDER OF AN AMERICAN CITIZEN COMMITTED WHILE ABROAD.

Whereas, the members of the General Assembly learned through the tragedy of Dr. Francis L. Abel of Columbia, South Carolina, of the loophole in the jurisdiction of the federal courts in which a murder of an American citizen by another American citizen when committed abroad is not triable in federal court; and

Whereas, Dr. Abel's daughter, Carolyn J. Abel, was murdered in Seoul, Korea, in December, 1988, and the suspected murderer, an American citizen, returned to the United States; and

Whereas, in the absence of an extradition treaty with Korea, no charges may be brought against the suspect in the United States; and

Whereas, in an era when international travel is commonplace and extradition treaties are not always in place with respect to countries that American citizens visit, it is appropriate that the federal courts be armed with jurisdiction in these cases similar to the jurisdiction that they may now exercise when the victim is a "protected person". Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly memorialize Congress to enact legislation granting jurisdiction to the federal courts in cases where an American citizen is charged with the murder of an American citizen committed while abroad.

Be it further resolved that a copy of this resolution be forwarded to the Speaker of the House of Representatives, the President of the Senate, and each member of South Carolina's congressional delegation.

Referred to the Committee on Judiciary.

H. 3672 -- Reps. Harvin, Corning, Harwell, Neilson, McKay, H. Brown, Hallman, Barber, Holt, Beatty, Foster, Baxley, Wofford, McElveen, J. Williams, Meacham, Quinn, Rogers, Wells, Wright, Burriss, P. Harris, Whipper, Short, Altman, Lanford, L. Martin, Hayes, Farr, Keegan, Cromer, Smith, Stoddard, Marchbanks, Cooper, Gentry, Waldrop, J.C. Johnson, Littlejohn, Chamblee, Vaughn, L. Elliott, Keesley, J.W. Johnson, Carnell, D. Williams, Wilder, Haskins, Houck and Hodges: A CONCURRENT RESOLUTION TO REQUEST THE DIVISION OF GENERAL SERVICES OF THE BUDGET AND CONTROL BOARD TO STUDY THE FEASIBILITY OF ERECTING A MEMORIAL ON THE GROUNDS OF THE STATE HOUSE IN HONOR OF THE WAR DEAD FROM SOUTH CAROLINA WHO SERVED AND DEFENDED THE UNITED STATES OF AMERICA IN WORLD WAR I, WORLD WAR II, KOREA, VIETNAM, AND OTHER ARMED CONFLICTS AND TO MAKE WRITTEN RECOMMENDATIONS TO THE PRESIDING OFFICERS OF BOTH HOUSES OF THE GENERAL ASSEMBLY.

Whereas, there does not appear to exist a proper memorial on the grounds of the State House honoring the war dead from South Carolina who served and defended the United States of America in World War I, World War II, Korea, Vietnam, and other armed conflicts; and

Whereas, many South Carolinians bravely gave their lives to carry out the national policies of the government of this country, to preserve liberty and freedom, and to defeat tyranny and injustice; and

Whereas, a memorial would indicate in a vivid and lasting way this state's appreciation for their supreme sacrifices and would make known to future generations the cost of liberty, justice, and freedom; and

Whereas, the Division of General Services of the State Budget and Control Board possesses the personnel, facilities, and expertise necessary to conduct a study regarding the feasibility of erecting the memorial. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the Division of General Services is requested to study the feasibility of erecting a memorial on the grounds of the State House in honor of the war dead from South Carolina who served and defended the United States of America in World War I, World War II, Korea, Vietnam, and other armed conflicts and to deliver written recommendations regarding the feasibility including, but not limited to, estimated costs, the most convenient location, and the length of time necessary to complete the memorial and erect it, to the presiding officers of both Houses of the General Assembly by May 1, 1991.

Be it further resolved that a copy of this resolution be forwarded to the Director of the Division of General Services.

Referred to the Committee on Finance.

H. 3695 -- Reps. Altman and Snow: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO NAME THAT PORTION OF HIGHWAY 17 IN GEORGETOWN COUNTY FROM ARCHER ROAD (S-22-450) NORTH FOR APPROXIMATELY THREE MILES TO SANDY ISLAND ROAD (S-22-362) IN HONOR OF A. FOSTER MCKISSICK.

On immediate consideration, the Concurrent Resolution was adopted, ordered returned to the House.

H. 3002 -- Rep. Kirsh: A BILL TO AMEND SECTION 4-15-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF GENERAL OBLIGATION BONDS OF A COUNTY AS A RESULT OF AN ELECTION AND THE TIME LIMIT FOR THE ISSUANCE OF THEM, SO AS TO EXTEND THE TIME LIMIT FOR THE ISSUANCE OF THESE BONDS FROM THREE TO FIVE YEARS AND TO PROVIDE THAT THE FIVE-YEAR PERIOD IS TOLLED WHILE LITIGATION CONTESTING THE VALIDITY OF THE ELECTION IS PENDING.

Read the first time and referred to the Committee on Judiciary.

H. 3086 -- Rep. Rama: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-105 SO AS TO PROVIDE THAT THE GOVERNING BOARD OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT PROVIDING FIRE PROTECTION SERVICES MAY PLACE AN EMERGENCY BAN ON THE BURNING OF TRASH OR DEBRIS WITHIN THE DISTRICT FOR A SPECIFIED PERIOD OF TIME IF CIRCUMSTANCES REQUIRE AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Read the first time and referred to the Committee on Judiciary.

H. 3120 -- Rep. Harwell: A BILL TO AMEND SECTION 50-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF USING ARTIFICIAL LIGHTS TO OBSERVE OR HARASS WILDLIFE, SO AS TO PROVIDE FOR THE OFFENSE TO OCCUR AT ANYTIME INSTEAD OF AFTER 11:00 P.M., LIMIT THE OFFENSE TO GAME ZONE 10, AND PROVIDE A PRIVATE PROPERTY EXCEPTION.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 3145 -- Rep. Rama: A BILL TO AMEND SECTION 10-5-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE BARRIER FREE DESIGN STANDARDS LAW, SO AS TO DELETE THE REQUIREMENT IN THE DEFINITION OF "RENOVATION" THAT THE CHANGES IN THE PROJECT MUST BE STRUCTURAL TO COME WITHIN THE DEFINITION AND TO AMEND SECTION 10-5-273, AS AMENDED, RELATING TO THE EXCEPTION PROVIDED FOR UPPER FLOORS UNDER THESE STANDARDS FOR BUILDINGS OF A CERTAIN SIZE, SO AS TO REVISE THIS EXCEPTION.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 3257 -- Reps. Rudnick, Wilder, Baxley, Klapman, Rama, Wright, Waites and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-290 SO AS TO REQUIRE THE OWNER OR OPERATOR OF A MOTOR VEHICLE FUEL SERVICE STATION TO DISPENSE GASOLINE OR OTHER MOTOR VEHICLE FUEL TO A DISABLED DRIVER UPON HIS REQUEST WHEN HE IS PROPERLY IDENTIFIED BY EITHER A PLACARD OR DISABLED LICENSE TAG AND HAVE THE GASOLINE OR OTHER FUEL DISPENSED TO THE DISABLED DRIVER AT THE SAME PRICE OTHERWISE CHARGED FOR GASOLINE OR OTHER FUEL PURCHASED ON A SELF-SERVICE BASIS.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

H. 3269 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTIONS 12-36-120, 12-36-910, 12-36-920, 12-36-930, 12-36-2120, 12-36-2560, AND 12-36-2650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO MAKE TECHNICAL CORRECTIONS; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 12-36-560, 12-36-570, 12-36-1730, 12-36-1740, 12-36-2660, AND 12-36-2670, SO AS TO PROVIDE CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS RELATING TO RETAIL LICENSES AND THE CASUAL EXCISE TAX, TO PROVIDE FOR ENFORCEMENT, AND AUTHORIZE THE MEMBERS OF THE TAX COMMISSION OR THEIR DESIGNEES TO ADMINISTER OATHS OR TAKE ACKNOWLEDGMENTS.

Read the first time and referred to the Committee on Finance.

H. 3270 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO DELETE LANGUAGE MAKING THE FISCAL YEAR A CALENDAR YEAR UNLESS ANOTHER YEAR IS ESTABLISHED; TO AMEND SECTION 12-9-390, AS AMENDED, RELATING TO INCOME TAX WITHHOLDING, SO AS TO DELETE THE PENALTY PROVISION; TO AMEND THE 1976 CODE BY ADDING SECTION 12-19-165 SO AS TO PROVIDE FOR THE PRORATION OF THE CORPORATE LICENSE FEE FOR RETURNS FOR FEWER THAN TWELVE MONTHS; TO AMEND SECTION 12-54-40, RELATING TO TAX CRIMES AND PENALTIES, SO AS TO PLACE THE PENALTY FOR FAILURE TO WITHHOLD PROPERLY IN THE PROVISION OF THE 1976 CODE DEALING WITH PENALTIES; TO AMEND SECTION 12-54-140, RELATING TO THE REQUIREMENT THAT CORPORATE TAXPAYERS NOTIFY THE TAX COMMISSION OF CHANGES IN INCOME AS REPORTED TO THE INTERNAL REVENUE SERVICE, SO AS TO EXTEND THE REQUIREMENT TO ALL TAXPAYERS; TO AMEND SECTION 33-14-220, RELATING TO THE REQUIREMENTS FOR REINSTATEMENT OF CORPORATE CHARTERS, SO AS TO PROVIDE THAT THE TAX PENALTIES AND INTEREST MUST BE PAID BEFORE REINSTATEMENT; AND TO AMEND THE 1976 CODE BY ADDING SECTION 33-15-330 SO AS TO PROVIDE A PROCEDURE FOR THE REINSTATEMENT OF CERTIFICATES OF AUTHORITY FOR FOREIGN CORPORATIONS.

Read the first time and referred to the Committee on Finance.

H. 3274 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-54-260 SO AS TO PROVIDE FOR THE COLLECTION OF DELINQUENT STATE TAXES BY SETTING OFF DELINQUENT TAXES AGAINST AMOUNTS DUE THE TAXPAYER FOR PROVIDING GOODS AND SERVICES TO THE STATE, TO PROVIDE THAT THE SOUTH CAROLINA TAX COMMISSION SHALL PROVIDE APPROPRIATE INFORMATION TO THE COMPTROLLER GENERAL FOR THE PURPOSE OF MAKING SETOFFS, TO REQUIRE AMOUNTS SET OFF TO BE REMITTED TO THE COMMISSION, TO PROVIDE FOR WRITTEN NOTICES OF THE SETOFF TO THE TAXPAYERS, AND TO PROVIDE FOR REVIEW OF SETOFFS BY THE COMMISSION.

Read the first time and referred to the Committee on Finance.

H. 3277 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTION 12-36-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "RETAIL SALE" FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO PROVIDE THAT THE DEFINITION INCLUDES THE SALE OF FOOD PRODUCTS, OTHER THAN SOFT DRINKS IN CLOSED CONTAINERS, TO VENDERS WHO SELL THE PRODUCTS THROUGH VENDING MACHINES, AND TO PROVIDE THAT THESE VENDERS ARE DEEMED TO BE THE USERS OR CONSUMERS OF THE PRODUCTS; AND TO AMEND SECTION 12-36-2120, RELATING TO SALES TAX EXEMPTIONS, SO AS TO PROVIDE THAT PORTIONS OF THE STANDARD INDUSTRIAL CLASSIFICATION MANUAL MUST BE USED AS AUTHORITY IN DETERMINING QUALIFICATIONS FOR THE EXEMPTION OF MACHINERY USED IN MANUFACTURING.

Read the first time and referred to the Committee on Finance.

H. 3368 -- Reps. Fair, Sharpe, Rama, J. Bailey, Huff, Cork, Wells, Quinn, Harvin, Haskins, Jaskwhich, Holt, Wright, Neilson, Littlejohn, Fulmer, G. Bailey, Phillips, Gonzales, Vaughn, Burriss, H. Brown, Koon, M. Martin, McGinnis, McCain, Bruce and Marchbanks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-410 SO AS TO CREATE THE CRIME OF THIRD DEGREE SEXUAL EXPLOITATION OF A MINOR FOR POSSESSION OF MATERIAL THAT CONTAINS A VISUAL REPRESENTATION OF A MINOR ENGAGED IN SEXUAL ACTIVITY AND TO PROVIDE A PENALTY; AND TO AMEND SECTION 16-15-375 OF THE 1976 CODE, RELATING TO DEFINITIONS APPLICABLE TO SECTIONS 16-15-385 THROUGH 16-15-425, SO AS TO INCLUDE SECTION 16-15-410.

Read the first time and referred to the Committee on Judiciary.

H. 3377 -- Reps. Gregory, Nettles, Short, Boan, Wilkins, Kirsh and J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 40-6-200, 40-6-210, 40-6-220, AND 40-6-230 SO AS TO PROVIDE FOR AN AUCTIONEER RECOVERY FUND; TO AMEND SECTION 40-6-40, RELATING TO THE AUCTIONEERS' COMMISSION, SO AS TO CHANGE THE REFERENCE TO EXPERIENCED AUCTIONEER MEMBERS TO LICENSED AUCTIONEER MEMBERS, REQUIRE AT LEAST ONE MEMBER NOT TO BE CONNECTED WITH THE AUCTION BUSINESS, AND DELETE OBSOLETE PROVISIONS; TO AMEND SECTION 40-6-60, AS AMENDED, RELATING TO GENERAL REQUIREMENTS FOR LICENSES, SO AS TO DELETE THE RESIDENCY REQUIREMENT; TO AMEND SECTION 40-6-70, RELATING TO APPRENTICE AUCTIONEER LICENSES, SO AS TO DELETE THE REQUIREMENT FOR STATEMENTS ON CHARACTER; TO AMEND SECTION 40-6-80, RELATING TO APPLICATION AND EXAMINATION FOR LICENSES, SO AS TO CHANGE THE REQUIRED TIME TO SERVE AS AN APPRENTICE FROM TWO YEARS TO ONE YEAR AND DELETE THE REQUIREMENT FOR STATEMENTS ON CHARACTER; TO AMEND SECTION 40-6-130, RELATING TO AUCTIONEERS LICENSED IN ANOTHER STATE, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH NONRESIDENT AUCTIONEERS MAY BE GRANTED A SOUTH CAROLINA LICENSE; TO AMEND SECTION 40-6-140, AS AMENDED, RELATING TO LICENSE FEES, SO AS TO DELETE THE REFERENCES TO SPECIFIC FEES AND PROVIDE FOR THE COMMISSION TO ESTABLISH THEM BY REGULATION; TO REPEAL SECTION 40-6-100 RELATING TO BONDS OF LICENSEES; AND TO REAUTHORIZE THE EXISTENCE OF THE AUCTIONEERS' COMMISSION FOR SIX YEARS.

Read the first time and referred to the General Committee.

H. 3380 -- Reps. Gregory, Nettles, Short, Boan, Wilkins, Kirsh and J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-17-55 SO AS TO PROVIDE THE QUALIFICATIONS OF APPLICANTS AND REQUIREMENTS OF APPLICATIONS FOR PRIVATE DETECTIVE BUSINESSES; TO AMEND SECTION 40-17-20, RELATING TO DEFINITIONS IN THE PRIVATE DETECTIVE AND PRIVATE SECURITY AGENCIES ACT, SO AS TO CHANGE THE REFERENCE TO LICENSED PRIVATE DETECTIVE TO REGISTERED PRIVATE DETECTIVE; TO AMEND SECTION 40-17-30, RELATING TO THE POWERS AND DUTIES OF THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, SO AS TO PROVIDE SEPARATE POWERS AND DUTIES FOR PRIVATE SECURITY AND DETECTIVE BUSINESSES; TO AMEND SECTION 40-17-50, RELATING TO QUALIFICATIONS OF APPLICANTS AND REQUIREMENTS OF APPLICATIONS FOR PRIVATE SECURITY AND DETECTIVE BUSINESSES, SO AS TO DELETE REFERENCES TO PRIVATE DETECTIVE BUSINESSES AND THE CHARACTER REQUIREMENT; TO AMEND SECTION 40-17-60, RELATING TO BONDS OF APPLICANTS, SO AS TO PROVIDE FOR THE BOND REQUIREMENTS TO APPLY TO PRIVATE SECURITY BUSINESSES; TO AMEND SECTION 40-17-70, RELATING TO LICENSES FOR PRIVATE DETECTIVE AND SECURITY BUSINESSES, SO AS TO PROVIDE FOR REGISTRATION INSTEAD OF LICENSING OF PRIVATE DETECTIVES AND DELETE THE CHARACTER REQUIREMENT; TO AMEND SECTION 40-17-80, RELATING TO REGISTRATION OF EMPLOYEES OF LICENSEES, SO AS TO DELETE THE REFERENCES TO AGENTS AND CHARACTER; TO AMEND SECTION 40-17-120, RELATING TO PERMITS TO CARRY FIREARMS, SO AS TO CHANGE THE REFERENCE TO LICENSED PRIVATE DETECTIVE TO REGISTERED PRIVATE DETECTIVE; TO AMEND SECTION 40-17-140, RELATING TO SUSPENSION AND REVOCATION OF LICENSES AND REGISTRATIONS, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO REGISTERED PRIVATE DETECTIVES; AND TO REAUTHORIZE THE EXISTENCE OF THE PRIVATE DETECTIVE AND PRIVATE SECURITY PROGRAM FOR SIX YEARS.

Read the first time and referred to the Committee on Judiciary.

H. 3409 -- Reps. Gregory, Kirsh, Wilkins, Short, Nettles and J. Brown: A BILL TO AMEND SECTION 12-27-1270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ECONOMIC DEVELOPMENT ACCOUNT, SO AS TO PROVIDE FOR THE ACCOUNT TO BE REPLENISHED BASED ON FUNDS OBLIGATED OR COMMITTED BY THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT IN THE PREVIOUS YEAR, DELETE THE LIMITATION ON THE AMOUNT OF THE ACCOUNT, AND DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 13-3-20, RELATING TO THE OBJECTIVES OF THE STATE DEVELOPMENT BOARD, SO AS TO DELETE THE REFERENCE TO A STATEWIDE PLANNING PROGRAM; TO AMEND SECTION 13-3-90, RELATING TO THE DUTIES AND POWERS OF THE STATE DEVELOPMENT BOARD, SO AS TO DELETE THE PROVISION FOR A MASTER PLAN FOR AGENCIES TO CONSIDER CERTAIN STATE NEEDS AND DELETE THE REFERENCE TO A STATE PLANNING PROGRAM; TO AMEND SECTION 41-45-20, RELATING TO MEETINGS AND DUTIES OF THE COUNCIL, SO AS TO PROVIDE FOR AND DEFINE A STRATEGIC PLAN FOR ECONOMIC DEVELOPMENT AND REVISE DUTIES PERTAINING TO THE PLAN AND COORDINATION OF ACTIVITIES; TO AMEND SECTION 41-45-30, RELATING TO REPORTS BY THE COUNCIL, SO AS TO INCLUDE REPORTS TO THE CHAIRMEN OF THE SENATE FINANCE AND HOUSE WAYS AND MEANS COMMITTEES AND REQUIRE REPORTS ON THE ACCOUNT; TO AMEND SECTION 41-45-40, RELATING TO COUNCIL RECOMMENDATIONS, SO AS TO INCLUDE THE OBJECTIVES OF THE STRATEGIC PLAN, DELETE THE PROVISION FOR REFERRALS BY THE GENERAL ASSEMBLY AND STATE AGENCIES, AND REVISE THE RECOMMENDATIONS CONCERNING AGENCY REQUESTS FOR ECONOMIC DEVELOPMENT APPROPRIATIONS; TO AMEND SECTION 41-45-50, RELATING TO COUNCIL FUNDS, COMMITTEES, AND DATA, SO AS TO REVISE THE DUTIES OF THE COMMITTEES; AND TO REAUTHORIZE THE EXISTENCE OF THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT FOR SIX YEARS.

Read the first time and referred to the Committee on Finance.

H. 3453 -- Reps. Rudnick, Wilder and Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-5-11 SO AS TO PROVIDE THAT IF A VACANCY OCCURS IN THE OFFICE OF REGISTER OF MESNE CONVEYANCES IN A COUNTY WHICH ELECTS ITS REGISTER OF MESNE CONVEYANCES IT MUST BE FILLED FOR THE REMAINDER OF THE UNEXPIRED TERM BY APPOINTMENT OF THE GOVERNOR UPON THE RECOMMENDATION OF A MAJORITY OF THE MEMBERS OF THE GENERAL ASSEMBLY REPRESENTING THAT COUNTY.

Read the first time and referred to the Committee on Judiciary.

H. 3655 -- Reps. Waldrop and Corbett: A BILL TO AMEND SECTION 44-7-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HEALTH FACILITY LICENSURE ACT, TO EXEMPT EASTERN STAR HOME IN SUMTER COUNTY FROM LICENSING REQUIREMENTS.

Read the first time and referred to the Committee on Medical Affairs.

H. 3685 -- Reps. J. Williams, Klapman and Wofford: A BILL TO AMEND SECTION 12-49-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTICE OF SALE TO MORTGAGEES OR ASSIGNEES, SO AS TO PROVIDE THAT THE NOTICE MAY BE SENT BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED-DELIVER TO ADDRESSEE ONLY, AND TO MAKE GRAMMATICAL CORRECTIONS.

Read the first time and referred to the Committee on Finance.

H. 3650 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1991, AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO AMEND SECTIONS 9-1-1140, AS AMENDED, AND 9-11-50, AS AMENDED, OF THE 1976 CODE, RELATING TO CREDITED SERVICE FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE THAT EFFECTIVE FOR A MEMBER RETIRING AFTER MARCH 31, 1991, A MEMBER SHALL RECEIVE SERVICE CREDIT FOR NOT MORE THAN NINETY DAYS OF HIS UNUSED SICK LEAVE AT NO COST TO THE MEMBER, AND TO PROVIDE THAT THIS ADDITIONAL SERVICE CREDIT MAY NOT BE USED TO QUALIFY FOR RETIREMENT; TO AMEND SECTION 12-7-435, AS AMENDED, OF THE 1976 CODE, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INDIVIDUAL INCOME TAX, SO AS TO CONSOLIDATE INTO ONE ITEM THE DEDUCTIONS ALLOWED FOR VARIOUS TYPES OF RETIREMENT INCOME, TO DEFINE RETIREMENT INCOME, TO PROVIDE THAT A TAXPAYER MAY DEDUCT NOT MORE THAN THREE THOUSAND DOLLARS OF RETIREMENT INCOME ANNUALLY; AND TO REPEAL SECTION 12-7-436 RELATING TO AN OBSOLETE LIMITATION ON THE RETIREMENT INCOME DEDUCTION; TO AMEND SECTION 12-27-1270, AS AMENDED, OF THE 1976 CODE, RELATING TO THE ECONOMIC DEVELOPMENT ACCOUNT FUNDED FROM THE REVENUES OF THE THREE CENTS ADDITIONAL TAX ON GASOLINE AND MOTOR FUELS, SO AS TO PROVIDE THAT THE ACCOUNT MUST BE REPLENISHED ANNUALLY SO THAT FIFTEEN MILLION DOLLARS OF UNOBLIGATED OR UNCOMMITTED FUNDS ARE AVAILABLE ON JULY FIRST FOR THE CURRENT YEAR, TO ALLOW FUNDS OBLIGATED OR COMMITTED IN THE PRIOR YEAR TO BE CARRIED FORWARD AND EXPENDED, TO DELETE LANGUAGE RELATING TO A LIMIT ON THE ACCOUNT, TO DELETE OBSOLETE LANGUAGE, AND TO DELETE PROVISIONS AUTHORIZING CONTINUING EXPENDITURES FOR A STATE INFRASTRUCTURE MODEL; TO AMEND SECTION 27, PART II, ACT 658 OF 1988, AS AMENDED, RELATING TO THE SPECIAL TREATMENT FOR LONG-TERM CAPITAL GAINS RECOGNIZED BETWEEN JANUARY 1, 1987, AND JUNE 22, 1987, AND THE STATE INCOME TAX REFUNDS OR CREDITS ALLOWED AS A RESULT OF THE SPECIAL TREATMENT, SO AS TO REDUCE THE AMOUNT OF THE REFUND OR CREDIT ALLOWED BY ONE-HALF; TO AMEND SECTION 44-7-84 OF THE 1976 CODE, AS AMENDED, RELATING TO THE MAXIMUM NUMBER OF MEDICAID PATIENT DAYS FOR MEDICAID NURSING HOME PERMITS, SO AS TO PROVIDE THAT THE ANNUAL TWO DOLLAR ADMINISTRATIVE FEE IS FOR EACH PATIENT DAY USED AND TO DELETE THE JUNE 30, 1991, EXPIRATION DATE FOR THIS ADMINISTRATIVE FEE; TO AMEND SECTION 12-7-20, AS AMENDED, OF THE 1976 CODE, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE OF THIS STATE'S ADOPTION OF VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986; TO AMEND SECTION 12-21-2420 OF THE 1976 CODE, RELATING TO THE ADMISSIONS TAX, SO AS TO INCREASE THE TAX FROM FOUR TO FIVE PERCENT, ALLOW THE TAX TO BE LISTED SEPARATELY FROM THE COST OF ADMISSION ON AN ADMISSION TICKET, AND DELETE OBSOLETE LANGUAGE; AND TO AMEND SECTION 51-1-75, RELATING TO ALLOCATION AND USE OF THE ADMISSIONS TAX, SO AS TO INCREASE THE AMOUNT IN THE GENERAL FUND; TO PROVIDE THAT THE NINE ADDITIONAL CIRCUIT JUDGES ADDED PURSUANT TO ACT 610 OF 1990 SHALL TAKE OFFICE JANUARY 1, 1992, RATHER THAN JULY 1, 1991; TO AMEND SECTION 44-56-160, AS AMENDED, OF THE 1976 CODE, RELATING TO THE HAZARDOUS WASTE CONTINGENCY FUND AND THE PINEWOOD HAZARDOUS WASTE CONTINGENCY FUND, SO AS TO DELETE THE REFERENCE TO ANNUAL APPROPRIATIONS BY THE GENERAL ASSEMBLY TO BE USED IN ADDITION TO FEES TO FINANCE THE HAZARDOUS WASTE CONTINGENCY FUND; TO AMEND SECTION 9-17-40 OF THE 1976 CODE, RELATING TO CONTRIBUTIONS UNDER THE OPTIONAL RETIREMENT PROGRAM FOR EMPLOYEES OF PUBLICLY SUPPORTED FOUR-YEAR AND POST GRADUATE INSTITUTIONS OF HIGHER EDUCATION, SO AS TO PROVIDE THAT THE EMPLOYING INSTITUTION'S CONTRIBUTION TO THE PLAN MAY NOT BE LESS THAN FOUR AND ONE-QUARTER PERCENT OF COMPENSATION; TO AMEND SECTION 11-5-210, AS AMENDED, OF THE 1976 CODE, RELATING TO THE REQUIREMENT THAT CERTAIN BOARDS AND COMMISSIONS REMIT REVENUES AND INCOME PROMPTLY TO THE STATE TREASURER, SO AS TO ADD TO THE LIST OF BOARDS AND COMMISSIONS THE STATE ATHLETIC COMMISSION, THE STATE BOARD OF REGISTRATION FOR GEOLOGISTS, AND THE STATE BOARD OF EXAMINERS FOR PROFESSIONAL COUNSELORS, AND ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS AND PROVIDE THAT THE BOARDS AND COMMISSIONS LISTED IN THIS SECTION ARE KNOWN AS PROFESSIONAL AND OCCUPATIONAL LICENSING AGENCIES (POLA); TO AMEND ITEM (2) OF SECTION 12-21-2720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COIN OPERATED DEVICES, SO AS TO EXEMPT FROM THE LICENSE FEES BATTING MACHINES ON WHICH ADMISSIONS TAXES ARE CHARGED; TO AMEND SECTION 12-27-390 OF THE 1976 CODE, RELATING TO THE DISTRIBUTION OF A PORTION OF THE GASOLINE TAX TO COUNTIES IN PROPORTION TO THE NUMBER OF REGISTERED WATERCRAFT, SO AS TO PROVIDE THAT THE FUNDS MUST BE ALLOCATED INSTEAD OF DISTRIBUTED TO THE COUNTIES, PROVIDE THAT THE WILDLIFE AND MARINE RESOURCES DEPARTMENT BE REIMBURSED FOR REHABILITATION COSTS IN ADDITION TO ENGINEERING AND DESIGN COSTS, AND DELETE A PROVISION WHICH PROVIDES THAT FUNDS FOR REIMBURSEMENT TO THE DEPARTMENT BE CHARGED AGAINST THE FUNDS OF THE COUNTY IN WHICH THE PROJECT IS PROPOSED; TO AMEND SECTION 4-10-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LOCAL OPTION SALES TAX, SO AS TO PROVIDE THAT FIVE PERCENT OF THE REVENUE GENERATED BY COUNTIES WITH FIVE MILLION DOLLARS OR MORE IN COLLECTIONS BE COMPLETELY DISTRIBUTED AMONG THOSE COUNTIES COLLECTING LESS THAN TWO MILLION DOLLARS UNTIL ALL COUNTIES ARE MADE WHOLE; TO AMEND SECTION 44-2-60, AS AMENDED, OF THE 1976 CODE, RELATING TO THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT AND THE IMPOSITION OF CERTAIN ENVIRONMENTAL IMPACT FEES, SO AS TO PROVIDE THAT THE DEPARTMENT OF AGRICULTURE IS AUTHORIZED TO RETAIN AND EXPEND FOR ITS AUTHORIZED PURPOSES ONE PERCENT OF THESE ENVIRONMENTAL IMPACT FEES IT COLLECTS IN ANY FISCAL YEAR; TO AMEND SECTIONS 44-2-40, 44-2-90, AND 44-2-210, ALL AS AMENDED, OF THE 1976 CODE, RELATING TO THE APPLICABLE FEES USED TO FUND THE SUPERB ACCOUNT AND THE EARLY DETECTION INCENTIVE PROGRAM UNDER THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT, SO AS TO DOUBLE THE PORTION OF THE TANK REGISTRATION FEE WHICH MAY BE USED FOR PROGRAM ADMINISTRATION AND THE ANNUAL TOTAL WHICH MAY BE EXPENDED ON ADMINISTRATION, TO PROVIDE THAT AFTER DECEMBER 31, 1998, THE TANK REGISTRATION FEE DECREASES TO FIFTY DOLLARS RATHER THAN TWENTY-FIVE DOLLARS, AND TO EXTEND THE EXPIRATION DATE OF THE GENERAL GRACE PERIOD OF THE EARLY DETECTION INCENTIVE PROGRAM TO DECEMBER 31, 1991; AND TO AMEND SECTION 12-54-140, RELATING TO THE REQUIREMENT THAT A CORPORATE TAXPAYER NOTIFY THE SOUTH CAROLINA TAX COMMISSION OF CHANGES IN CORPORATE TAXABLE INCOME MADE BY THE INTERNAL REVENUE SERVICE AND THE AUTHORITY OF THE COMMISSION TO ADJUST THE STATE TAX RETURN AND ISSUE A NOTICE OF ASSESSMENT, SO AS TO EXTEND THE REQUIREMENT TO ALL TAXPAYERS AND ALLOW THE COMMISSION ONE HUNDRED EIGHTY DAYS RATHER THAN NINETY DAYS AFTER RECEIPT OF NOTICE TO GIVE A NOTICE OF ASSESSMENT.

Senator WADDELL spoke on the Bill.

Read the first time and referred to the Committee on Finance.

H. 3700 -- Rep. Sheheen: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF DELTA CORPORATION IN KERSHAW COUNTY.

Read the first time and on motion of Senator WILLIAMS, with unanimous consent, ordered placed on the Calendar without reference.

REPORTS OF STANDING COMMITTEES

Point Of Order

Senator MACAULAY, from the Committee on Medical Affairs, submitted a favorable with amendments report on:

S. 388 -- Senators Moore, Bryan, Hinds, Courson, Washington, Wilson and Giese: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 95 SO AS TO ESTABLISH THE POLICY OF THIS STATE REGARDING SOLID WASTE AND TO PROVIDE FOR THE MANAGEMENT OF SOLID WASTE; TO AMEND SECTION 16-11-700, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS OF THE LITTER LAWS; AND TO AMEND SECTION 56-1-720 SO AS TO ASSIGN POINTS FOR THE DUMPING OF LITTER ON PUBLIC OR PRIVATE PROPERTY OR WATERS; TO AMEND CHAPTER 7 OF TITLE 12 RELATING TO THE TAX LAWS BY ADDING SECTION 12-7-1255 TO PROVIDE A TAX CREDIT FOR QUALIFIED RECYCLING EQUIPMENT; AND TO AMEND CHAPTER 7 OF TITLE 12 BY ADDING AN APPROPRIATELY NUMBERED SECTION SO AS TO PROVIDE FOR A CHECKOFF ON STATE TAX RETURNS FOR CONTRIBUTIONS MADE TO THE SOLID WASTE MANAGEMENT TRUST FUND.

Senator MOORE spoke on the Bill.

Senator MOORE asked unanimous consent to make a motion that the Bill be given a second reading with notice of general amendments on third reading.

Point Of Order

Senator LEATHERMAN raised a Point of Order that the Bill had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

Ordered for consideration tomorrow.

Senator DRUMMOND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:

S. 616 -- Senators Helmly and Moore: A BILL TO AMEND SECTION 50-9-820, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF HUNTING AND FISHING LICENSES TO PERMANENTLY AND TOTALLY DISABLED VETERANS, SO AS TO AUTHORIZE THE UNITED STATES DEPARTMENT OF VETERANS' AFFAIRS, THE SOUTH CAROLINA DEPARTMENT OF VETERANS' AFFAIRS, OR A COUNTY VETERANS' AFFAIRS OFFICER TO ISSUE AN IDENTIFICATION CARD TO THESE VETERANS TO BE USED AS A HUNTING AND FISHING LICENSE.

Ordered for consideration tomorrow.

Senator DRUMMOND, from the Committee on Fish, Game and Forestry, submitted a favorable with amendments report on:

S. 648 -- Senator Holland: A BILL TO AMEND SECTION 50-11-705, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF THE USE OF LIGHTS TO OBSERVE OR HARASS WILDLIFE IN GAME ZONE 2, SO AS TO EXTEND THE PROHIBITION TO GAME ZONES 1, 4, AND 5; AND TO REPEAL SECTIONS 50-11-703 AND 50-11-704 RELATING TO OBSERVING OR HARASSING WILDLIFE.

Ordered for consideration tomorrow.

Senator WADDELL, from the Committee on Finance, submitted a favorable with amendments report on:

S. 662 -- Senator Waddell: A BILL TO AMEND SECTION 9-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYROLL DEDUCTION INSTALLMENT PURCHASE PLAN FOR ESTABLISHING CREDIT FOR OUT-OF-STATE SERVICE AND FEDERAL CIVILIAN SERVICE FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO EXTEND THE INSTALLMENT PURCHASE PLAN TO MILITARY SERVICE AND OTHER SERVICE FOR WHICH CREDIT IS ESTABLISHED BY ONLY A MEMBER CONTRIBUTION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 9-11-330 SO AS TO EXTEND THE INSTALLMENT PURCHASE PLAN OF THE SOUTH CAROLINA RETIREMENT SYSTEM TO THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM.

Ordered for consideration tomorrow.

Senator DRUMMOND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:

S. 756 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-375 SO AS TO PROVIDE THAT ALL PERSONS HUNTING DEER MUST WEAR A HAT, COAT, VEST, OR OTHER OUTER GARMENT WITH THE SOLID, VISIBLE COLOR OF INTERNATIONAL ORANGE.

Ordered for consideration tomorrow.

Senator DRUMMOND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:

S. 761 -- Senator Drummond: A BILL TO AMEND SECTION 50-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESIDENCY REQUIREMENT FOR A HUNTING OR FISHING LICENSE, SO AS TO ESTABLISH A ONE HUNDRED EIGHTY DAY RESIDENCY REQUIREMENT FOR A LIFETIME LICENSE AND TO PROVIDE A PENALTY FOR VIOLATIONS.

Ordered for consideration tomorrow.

Senator DRUMMOND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:

Senator DRUMMOND, from the Committee on Fish, Game and Forestry, submitted a favorable with amendments report on:

H. 3349 -- Rep. Cork: A BILL TO AMEND SECTION 50-17-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPOTTED SEA TROUT AND RED DRUM, SO AS TO REDUCE THE LEGAL CATCH LIMITS FOR SPOTTED SEA TROUT FROM TWENTY TO TEN A DAY AND FOR RED DRUM FROM TWENTY TO FIVE A DAY, TO EXTEND THE CLOSED SEASON FOR GIGGING FOR THESE FISH BY ONE MONTH, TO PROVIDE A CATCH OR POSSESSION LIMIT OF TWENTY A DAY FOR FLOUNDER, AND TO PROVIDE FOR EMERGENCY REGULATIONS BECAUSE OF NATURAL OR MAN-INDUCED PHENOMENA.

Ordered for consideration tomorrow.

Senator DRUMMOND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:

H. 3369 -- Rep. Rhoad: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING SEASONS FOR SMALL GAME, SO AS TO REQUIRE THE HUNTING OF RACCOON IN GAME ZONE 11 AT NIGHT AND DEFINE NIGHT.

Ordered for consideration tomorrow.

Senator DRUMMOND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:

Senator DRUMMOND, from the Committee on Fish, Game and Forestry, submitted a favorable report on:

H. 3641 -- Rep. Harvin: A BILL TO AMEND SECTION 50-11-870, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRD SANCTUARIES, SO AS TO DECLARE AN AREA IN CLARENDON COUNTY AS A SANCTUARY.

Ordered for consideration tomorrow.

RECESS

At 11:04 A.M., on motion of Senator DRUMMOND, the Senate receded from business for the purpose of attending the ceremony commemorating the 50th anniversary of the S.C. Defense Force.

At 12:05 P.M., the Senate resumed.

MOTION ADOPTED

On motion of Senator WADDELL, with unanimous consent, the Senate agreed to go into Executive Session prior to adjournment.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

SECOND READING BILLS

The following Bills having been read the second time were passed and ordered to a third reading:

S. 290 -- Senator Stilwell: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO PROVIDE THAT IF A PERSON IS CONVICTED OR PLEADS GUILTY OR NOLO CONTENDERE IN MUNICIPAL COURT, THE FEE MUST BE REMITTED TO THE MUNICIPALITY.

Senators BRYAN and STILWELL spoke on the Bill.

S. 410 -- Senator Saleeby: A BILL TO AMEND SECTION 9-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCLUDE IN THE DEFINITION OF "EMPLOYEE" AN EMPLOYEE OF AN AGENCY AUTHORIZED TO RECEIVE FUNDS AS AN ALCOHOL AND DRUG ABUSE PLANNING AGENCY PURSUANT TO SECTION 61-5-320 OF THE 1976 CODE, AND TO INCLUDE WITHIN THE DEFINITION OF "EMPLOYER" AN ALCOHOL AND DRUG ABUSE PLANNING AGENCY DESIGNATED PURSUANT TO THE SAME SECTION.

S. 660 -- Senator Waddell: A BILL TO AMEND SECTIONS 9-1-1620, AS AMENDED, 9-9-70, AS AMENDED, AND 9-11-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT BENEFIT OPTIONS FOR MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE THAT A MEMBER ELECTING A NEW RETIREMENT OPTION AFTER THE DEATH OF A SPOUSE MUST MAKE THE ELECTION BEFORE THE LATER OF JULY 1, 1992, OR THE FIRST ANNIVERSARY OF THE DEATH OF THE SPOUSE AND TO PROVIDE THAT A NEW OPTION MAY BE ELECTED AFTER A CHANGE IN MARITAL STATUS; TO AMEND SECTION 9-8-70, RELATING TO THE RETIREMENT BENEFIT OPTION FOR MEMBERS OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO ALLOW MULTIPLE BENEFICIARIES; AND TO AMEND SECTION 9-11-25, RELATING TO THE AUTHORITY FOR ALLOWING PROBATE JUDGES TO PARTICIPATE IN THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO DELETE THE SEPARATE PAYMENT PROVISIONS.

Ordered To A Third Reading

On motion of Senator GIESE, S. 660 was ordered to receive a third reading on Friday, March 22, 1991.

Amended And Read

S. 221 -- Senator Bryan: A BILL TO AMEND SECTION 2-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF A JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR ADDITIONAL COMMITTEE MEMBERS WHEN MEMBERS OF THE JUDICIARY ARE ELECTED.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

The amendment proposed by the Committee on Judiciary (JUD221.1) was adopted as follows:

Amend the bill, as and if amended, page 2, line 1, in Section 2-19-10(B)(1), as contained in SECTION 1, by striking /Lieutenant Governor/ and inserting /President Pro Tempore of the Senate/ .

Amend the bill further, as and if amended, page 2, line 5, in Section 2-19-10(B)(2), as contained in SECTION 1, by striking /Lieutenant Governor/ and inserting /President Pro Tempore of the Senate/ .

Amend title to conform.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

Amended And Read

S. 289 -- Senators Hinds and Mullinax: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1515 SO AS TO REQUIRE THE COURT OR, IF THE JUDGE IS NOT IMMEDIATELY AVAIALABLE, THE CLERK OF 0COURT, UPON PRESENTATION OF A VERIFIED PETITION, TO ISSUE A RULE TO SHOW CAUSE CONCERNING THE VIOLATION OF A FAMILY COURT ORDER.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

The amendment proposed by the Committee on Judiciary (JUD289.1), was adopted as follows:

Amend the bill, as and if amended, page 1, beginning on line 31, in Section 20-7-1515, as contained in SECTION 1, by striking /The court or, if a judge is not immediately available/ and inserting /When a judge is not physically present in the courthouse during normal court hours/ .

Amend the bill further, as and if amended, page 1, line 33, in Section 20-7-1515, as contained in SECTION 1, by striking /petition/ and inserting /complaint/ .

Amend the bill further, as and if amended, page 1, line 34, in Section 20-7-1515, as contained in SECTION 1, by inserting /on a form prescribed by the South Carolina Supreme Court/ after /rule to show cause/ .

Amend title to conform.

There being no further amendments, the Bill was read the second time, passed, and ordered to a third reading.

Amended And Read

H. 3126 -- Reps. Wilkins and Mattos: A BILL TO AMEND SECTIONS 14-1-210 AND 23-23-70, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PORTIONS OF FINES, BOND FORFEITURES, AND COST OF COURT FEES WHICH MUST BE USED TO FINANCE SPECIAL PROGRAMS, SO AS TO PROVIDE THAT IF A CRIMINAL OR TRAFFIC FINE IS SUSPENDED THE AMOUNT SUSPENDED MUST BE USED TO DETERMINE THE AMOUNT WHICH MUST BE ASSESSED FOR THE FUNDING OF SPECIAL PROGRAMS.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

The amendment proposed by the Committee on Judiciary (JUD 3126.1) was adopted as follows:

Amend the bill, as and if amended, page 1, by striking lines 31 through 33, in Section 14-1-210(2)(b), as contained in SECTION 1, and inserting therein /punishment. If a portion of the criminal fine is suspended, the additional twenty percent of the total must be based upon the portion of the fine not suspended."/ .

Amend the bill further, as and if amended, page 1, line 39, in Section 23-23-70, as contained in SECTION 2, by striking /the/ before /fine/ and inserting therein /a portion of the/ .

Amend the bill further, as and if amended, page 1, line 41, in Section 23-23-70, as contained in SECTION 2, by striking /amount of the suspended sentence/ and inserting therein /portion of the fine not suspended/ .

Amend title to conform.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

POINT OF ORDER

H. 3333 -- Reps. P. Harris, White, Short, Rama, Felder and Houck: A JOINT RESOLUTION TO APPROPRIATE EXCESS MEDICAID NURSING HOME FEES TO THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION FOR MEDICAID NURSING HOME CARE, TO USE INCREASED FEDERAL MEDICAID MATCHING FUNDS FOR UNANTICIPATED MEDICAID EXPENDITURES, AND TO REQUIRE THAT FUNDS GENERATED MUST BE USED FOR MEDICAID SERVICES.

Senator LEATHERMAN spoke on the Joint Resolution.

Senator MOORE raised a Point of Order that the Joint Resolution had not been on the desks of the members at least one day prior to second reading.

The PRESIDENT sustained the Point of Order.

CARRIED OVER

S. 85 -- Senators McConnell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-25-200 SO AS TO PROHIBIT THE SOLICITING OR CAMPAIGNING FOR VOTES WITHIN TWO HUNDRED FEET OF THE BUILDING IN WHICH A POLLING PLACE IS LOCATED AND PROVIDE FOR THE REMOVAL OF PERSONS VIOLATING THIS PROHIBITION.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

Senator McCONNELL explained on the amendment.

On motion of Senator WASHINGTON, the Bill was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

MADE ADJOURNED DEBATE

S. 494 -- Senators Lourie, Leventis, McConnell, J. Verne Smith, Macaulay, Passailaigue, Long, Fielding, Helmly, Thomas, Russell, Rose, O'Dell, Mitchell and Washington: A BILL TO AMEND ARTICLES 1, 3, AND 5, CHAPTER 3, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, THE DESIGNATION OF HIGHWAY DISTRICTS, THE ELECTION OF HIGHWAY COMMISSIONERS, AND THE APPOINTMENT OF DEPARTMENT PERSONNEL SO AS TO PROVIDE FOR THE REORGANIZATION OF THE DEPARTMENT BY PROVIDING FOR DEFINITIONS TO BE USED IN CHAPTER 3, BY CHANGING THE NAME OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION, BY PROVIDING FOR THE CREATION OF CERTAIN DIVISIONS WITHIN THE DEPARTMENT AND THE APPOINTMENT OF DIVISION MANAGERS, BY PROVIDING FOR THE ELECTION OF HIGHWAY COMMISSIONERS BY THE GENERAL ASSEMBLY AT LARGE AND THEIR TERM OF OFFICE, BY PROVIDING FOR THE CREATION OF SEVEN HIGHWAY DISTRICTS, AND BY PROVIDING FOR THE APPOINTMENT OF OTHER DEPARTMENT PERSONNEL; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 57, RELATING TO FINANCES OF THE DEPARTMENT SO AS TO PROVIDE THAT THE DEPARTMENT MUST PROCESS ALL VOUCHERS FOR THE PAYMENT OF GOODS, SERVICES, AND PERSONNEL SERVICES THROUGH THE COMPTROLLER GENERAL'S OFFICE; TO PROVIDE FOR NEW TERMS OF OFFICE FOR COMMISSIONERS ELECTED FOR TERMS BEGINNING IN 1992; TO AMEND SECTION 11-35-45(B), RELATING TO THE DEPARTMENT'S LUMP SUM STATUS BY ELIMINATING THE DEPARTMENT'S LUMP SUM STATUS; TO PROVIDE THAT THE CODE COMMISSIONER CHANGE CERTAIN REFERENCES IN THE 1976 CODE; TO REPEAL SECTION 124.20, PART I, ACT 612 OF 1990 RELATING TO BUDGET TRANSFERS; AND TO PROVIDE FOR THE CREATION OF AN OMBUDSMAN WITHIN THE DEPARTMENT.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Transportation.

Objection

Senator MOORE asked unanimous consent to make a motion that the Bill be carried over.

Senator BRYAN objected.

Senator LEATHERMAN spoke on the Bill.

Objection

Senator MOORE asked unanimous consent, with Senator LEATHERMAN retaining the floor, to make a motion that the Bill be carried over in the status of Interrupted Debate, not to be taken up for consideration prior to Wednesday, March 27, 1991.

Senator LEATHERMAN objected.

Senator LEATHERMAN spoke on the Bill.

Objection

Senator WILLIAMS asked unanimous consent, with Senator LEATHERMAN retaining the floor, to make a motion that the Bill be carried over.

Senator SHEALY objected.

Senator LEATHERMAN spoke on the Bill.

Objection

Senator McCONNELL asked unanimous consent, with Senator LEATHERMAN retaining the floor, to make a motion that the Bill be carried over in the status of Adjourned Debate.

Senator SHEALY objected.

Senator LEATHERMAN spoke on the Bill.

Objection

Senator McCONNELL asked unanimous consent, with Senator LEATHERMAN retaining the floor, to make a motion that the Bill be carried over in the status of Adjourned Debate.

Senator LEATHERMAN objected.

Senator LEATHERMAN continued speaking on the Bill.

Objection

Senator SHEALY asked unanimous consent, with Senator LEATHERMAN retaining the floor, to make a motion that the Bill be carried over in the status of Adjourned Debate to be next considered upon the conclusion of consideration of S. 708.

Senator MULLINAX objected.

Senator LEATHERMAN spoke on the Bill.

Parliamentary Inquiry

Senator MOORE made a Parliamentary Inquiry as to whether or not the question before the Senate was the adoption of the amendments proposed by the Committee on Transportation.
The PRESIDENT stated that that was correct.

Senator LEATHERMAN spoke on the Bill.

Objection

Senator McCONNELL asked unanimous consent, with Senator LEATHERMAN retaining the floor, to make a motion that the Bill be carried over in the status of Interruped Debate.

Senator MULLINAX objected.

Senator LEATHERMAN spoke on the Bill.

Objection

Senator McCONNELL asked unanimous consent, with Senator LEATHERMAN retaining the floor, to make a motion that the Bill be carried over in the status of adjourned debate.

Senator LEATHERMAN objected.

Senator LEATHERMAN spoke on the Bill.

RECESS

At 1:45 P.M., on motion of Senator McCONNELL, with unanimous consent, the Senate receded from business not to exceed three minutes, Senator LEATHERMAN retaining the floor.

At 1:49 P.M., the Senate resumed.

Senator LEATHERMAN spoke on the Bill.

Made Adjourned Debate

On motion of Senator WILLIAMS, with unanimous consent, the Bill was placed in the status of Adjourned Debate, ahead of all other Adjourned Debates, Senator LEATHERMAN retaining the floor.

MADE INTERRUPTED DEBATE

S. 708 -- Judiciary Committee: A BILL TO ENACT "THE STANDARDS FOR PUBLIC OFFICIALS', PUBLIC MEMBERS', AND PUBLIC EMPLOYEES' CONDUCT ACT OF 1991" SO AS TO AMEND CHAPTER 17, TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYISTS AND LOBBYING, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF LOBBYISTS AND LOBBYING AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; TO AMEND SECTION 7-3-10, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO CHANGE THE COMPOSITION OF THE MEMBERSHIP OF THE COMMISSION; TO AMEND THE 1976 CODE, BY ADDING CHAPTER 27 TO TITLE 7 SO AS TO ENACT "THE SOUTH CAROLINA CAMPAIGN FINANCE ACT"; TO AMEND CHAPTER 13, TITLE 8 OF THE 1976 CODE, RELATING TO ETHICS, CONDUCT, CAMPAIGN PRACTICES, AND DISCLOSURES, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF ETHICS, CONDUCT, FORMS AND REPORTS BY CANDIDATES FOR ELECTION BY THE GENERAL ASSEMBLY, AND DISCLOSURES OF PUBLIC OFFICIALS, PUBLIC MEMBERS, AND PUBLIC EMPLOYEES; TO AMEND TITLE 12, OF THE 1976 CODE, RELATING TO TAXATION, BY ADDING A SECTION SO AS ALLOW A TAXPAYER TO DESIGNATE A TWO-DOLLAR CONTRIBUTION TO THE REGISTERED POLITICAL PARTY OF HIS CHOICE ON HIS STATE INCOME TAX FORM; AND TO AMEND SECTIONS 16-9-210 AND 16-9-220, RELATING TO OFFENSES AGAINST PUBLIC JUSTICE, SO AS TO PROVIDE FOR PENALTIES FOR THE GIVING, OFFERING, OR ACCEPTANCE OF BRIBES.

On motion of Senator WILLIAMS, with unanimous consent, S. 708 was placed in the status of Interrupted Debate, Senator WILLIAMS retaining the floor.

EXECUTIVE SESSION

On motion of Senator WADDELL, the seal of secrecy was removed, so far as the same relates to appointments made by the Governor and confirmed by the Senate, and the same were ordered published in the Journal, to wit:

Statewide Appointment

Appointment, Member, South Carolina State Ports Authority, at large, with term to expire February 13, 1998: